判決理由書／裁決書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判決理由書／裁決書為準。
The judgment states that the defendant, from the evening of 21 September 2019 to the early hours of 22 September, together with more than thirty others, unlawfully assembled in a shopping mall in Yuen Long, obstructing MTR gates, damaging CCTV cameras, misappropriating a fire hose; furthermore, while proceeding towards the city centre, they took part in a riot in the vicinity of Kong King Street, where, along with nearly a hundred people, they intercepted and dragged passers-by out; the defendant further assisted in forcibly pulling one person from a taxi, subjecting them to humiliation and assault, resulting in seven stitches; thereafter, together with others, they pursued and assaulted another passer-by on Castle Peak Road, the defendant delivering several kicks and witnessing multiple individuals striking the victim with metal rods, causing sixteen stitches to the head; both victims suffered severe physical and psychological trauma.
Unlawful assembly and riot are progressive offences; sentencing must consider the number of participants, the common purpose of their actions, the degree of disruption to public order and the seriousness of personal injuries; the offence of wounding with intent is an exceptional offence and must result in immediate imprisonment.
The defendant played a leading role in the three charges, personally destroying public property, participating in the detention and assault of two defenceless passers-by, conduct that heightened public fear; his previous convictions for dishonesty and the fact that his guilty plea came late offer no basis for further mitigation. However, in consideration of his guilty plea, a 20% discount is applied.
The defendant’s account conflicts with video footage, rendering his claim of ‘well-intentioned assistance’ lacking credibility; the rioters’ mob mentality demands severe punishment to preserve public order and serve as a strong deterrent.
The defendant was found guilty of the three offences of unlawful assembly, riot and wounding with intent. After cumulation, the original sentence of 72 months’ imprisonment, reduced by 20% for the guilty plea, resulted in an immediate custodial sentence of 57 months. (Translated from Chinese to English by AI)
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判刑理由書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判刑理由書為準。
The judgment stated that on the evening of 21 September 2019, a large number of people unlawfully gathered at the YOHO Mall in Yuen Long, vandalised CCTV and fire-fighting equipment; in the early hours of the next day some persons moved to places such as Kang King Street and rioted, unlawfully detained individuals and damaged passers-by’s mobile phones, causing injuries. The first defendant pleaded guilty to two charges, and the third defendant pleaded guilty to one count of unlawful assembly.
With reference to a series of Court of Appeal cases (such as Tang Ho Yin, Yeung Ka Lun, etc.), the offence of rioting generally has a starting point of 4.5 to 5 years’ imprisonment, unlawful detention has a starting point of 2.5 years’ imprisonment, and factors such as the size of the group, the degree of violence and the level of participation must be considered.
The judge stated that the defendant’s conduct during the riot was proactive, violent and involved serious elements of unlawful detention, but in light of the guilty plea saving resources, the history of mental illness, and the mitigating circumstances, a moderate sentence reduction was granted.
The judge considered that such barbaric behaviour undermines public order, and heavy sentences are needed to deter in order to maintain social peace and civility.
The first defendant was sentenced to 40 months’ imprisonment for both the offence of rioting and the offence of unlawful detention, to be served concurrently, and ordered to pay HK$2,500 in compensation to the victim; the third defendant was sent to a labour education centre for the offence of unlawful assembly and ordered to pay HK$7,000 in compensation. (Translated from Chinese to English by AI)
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